BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 179|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: SB 179
Author: Runner (R)
Amended: 4/14/09
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 3/31/09
AYES: Corbett, Harman, Florez, Leno, Walters
SUBJECT : Juvenile law: referee
SOURCE : Los Angeles County Board of Supervisors
DIGEST : This bill (1) provides that a party who is
present at the termination of rights hearing before a
commissioner or referee may be served at that time with the
findings, the order, and an explanation of the right to
appeal the termination order, and (2) shortens the time
period to appeal a judgment in juvenile proceedings from 60
days to 30 days.
ANALYSIS : Existing law requires a referee to hear cases
assigned to him or her by the presiding judge of the
juvenile court. (Welfare & Institutions Code Section 248.)
Existing law requires the referee to furnish to the
presiding judge and the minor, if the minor is 14 years of
age or older or makes that request, and to serve upon the
minor's attorney, a written copy of the referee's findings
and order. (Welfare & Institutions Code Section 248.)
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Existing law also requires the referee to furnish to the
minor and the parent, guardian, or adult relative, with the
findings and the order, a written explanation of the right
of those persons to seek review of the order by the
juvenile court. (Welfare & Institutions Code Section 248.)
Existing law requires that service made pursuant to these
provisions be made by mail. (Welfare & Institutions Code
Section 248.)
This bill allows service be made in court on a minor,
parent, or guardian who is present in court on a date that
the findings and order of the referee are made.
This bill requires service of the findings and order by
mail to a minor, parent, or guardian who was not present in
court when those findings and order were made, except as
specified, and would require the mailing to include the
written explanation of the right to seek review of the
order.
Existing rules of court provide that a notice of appeal in
juvenile cases must be filed within 60 days after the
rendition of the judgment or the making of the order being
appealed. In matters heard by a referee not acting as a
temporary judge, a notice of appeal must be filed within 60
days after the referee's order becomes final. (California
Rules of Court, Rule 8.400.)
Existing rules of court provide that an order of a referee
not acting as a temporary judge becomes final 10 calendar
days after service of a copy of the order and findings has
been provided to the parent, guardian, and minor's counsel.
(California Rules of Court, Rule 5.540.)
This bill requires a notice of appeal be filed within 30
days after the rendition of judgment or the making of an
order being appealed, or, in matters heard by a referee not
acting as a temporary judge, within 30 days after the
referee's order becomes final.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
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SUPPORT : (Verified 4/14/09)
Los Angeles County Board of Supervisors (source)
California State Association of Counties
California Welfare Directors Association
San Bernardino County Board of Supervisors
Family Law Section of the State Bar
ARGUMENTS IN SUPPORT : The author's office states,
"Following the issuance of a TPR order, if an appeal is
filed by a birth parent, adoptive families face the
distressing possibility of losing children they love and
plan to adopt. The appeal period is marked by a high level
of uncertainty and anxiety for families who have developed
strong emotional attachments to these children. SB 179
will reduce appellate delays and minimize the emotional
stress endured by prospective adoptive families; will
advance timely permanency; and will result in more happy
endings for these children and their prospective families."
RJG:cm 4/14/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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